By Council Members Michels, Leffler, Marshall, Sabini, Clarke, DiBrienza, Duane, Lasher and Eristoff; also Council Members Malave-Dilan, Fisher, Harrison, McCaffrey, Rivera, Weiner, Williams, and Wooten.

A LOCAL LAW

To amend the administrative code of the city of New York, in relation to the purchase by the city of products, materials and equipment made with post-consumer material and the incorporation of waste prevention measures into the city's procurement practices

Be it enacted by the Council as follows:

Section 1. Subdivisions b, c, d, e, f, g, h, i, j, k, l, m, n, o, and p of section 16-303 of the administrative code of the city of New York, as added by local law number 19 for the year 1989, are relettered c, d, e, g, h, i, l, m, n, p, q, t, u, v, and y, respectively, and new subdivisions, b, f, j, k, o, r, s, w, and x, are added to read as follows:

b. "Chlorine-free recycled paper" means paper in which any post-consumer and/or pre-consumer material components are processed for recycling without the use of chlorine or chlorine-containing compounds, and any virgin fiber component of such paper is processed without the use of any chlorine or chlorine-containing compounds.

f. "Durable products" are products that have a design lifespan of three years or more.

j. "Practicable" means capable of being used or implemented without violating the following criteria: reasonable performance standards, availability at a reasonable price, availability within a reasonable period of time and maintenance of a satisfactory level of competition in the bidding process. Availability at a reasonable price means available at a cost of no greater than ten percent above a comparable product that does not meet post-consumer content standards established pursuant to section 16-322.2.

k. "Pre-consumer material" means material and by-products which have not reached a business or consumer for an intended end use and have been recovered or diverted from the waste stream, including, but not limited to, industrial scrap material, overstock or obsolete inventories from distributors, wholesalers and other companies, but such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process or separate operations within the same parent company.

o. "Recycled Product" means a product, material or equipment made with at least the minimum amount of post-consumer material as required pursuant to section 16-322.2(a) of this subchapter.

r. "Remanufactured" means a used product or part thereof, which has been repaired or otherwise restored to serviceable condition, including replacement of worn parts, provided that such product must meet all applicable performance specifications for the intended use of such product or part thereof.

s. "Reusable" means that the product or package was designed to be used a minimum of five times for its original intended purpose.

w. "Toxic materials" means any material which contains any of the following in any form, concentration or chemical combination: arsenic, beryllium, cadmium, chromium, chlorine, fluorine, lead, mercury, nickel, and sulfur.

x. "Waste prevention" means a reduction in the overall quantity of solid waste generated through the implementation of practices including, but not limited to: reuse of products or packaging; expansion of repair and maintenance programs for products; use of City surplus and warehoused items; use of remanufactured products; purchase of durable products, including products that offer extended warranties; and reduction in the use of products or packaging through the purchase of products in bulk or concentrate.

2. Subdivisions g and m of section 16-303 of such code, as added by local law 19 for the year 1989 and relettered by section one of this local law as subdivisions i and t, respectively, are amended to read as follows:

i. "Post-consumer material" means only those products, packages and materials generated by a business or a consumer which have served their intended end uses, and which have been separated or diverted from solid waste for the purposes of collection, recycling and disposition.

t. "Secondary material" means any material recovered from or otherwise destined for the waste stream, including but not limited to, post-consumer material, [industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies, but such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process] pre-consumer material, or any combination of post-consumer and pre-consumer material.

3. The title of subchapter 5 of chapter 3 of title 16 of the administrative code of the city of New York, as added by local law number 19 for the year 1989, is amended to read as follows:

CITY PURCHASE OF RECYCLED PRODUCTS AND PROCUREMENT MEASURES TO PREVENT WASTE

4. Section 16-322 of the administrative code of the city of New York, as added by local law number 19 for the year 1989, is renumbered as section 16-322.1 and a new section 16-322 is added to read as follows:

16-322. Definition. For purposes of this subchapter "recyclable material" means a material or product that has been designated as a recyclable material pursuant to sections 16-305, 16-306 or 16-307 of subchapter two of this chapter and the rules promulgated thereunder. The department shall provide the department of general services with a list of such materials and products and shall update the list as necessary.

5. Section 16-322.1, as renumbered by section four of this local law, is amended to read as follows:

16-322.1 City purchase of products made from [secondary] post-consumer materials and products that facilitate waste prevention; procurement specifications and practices; revisions to specifications and practices. a. The department of general services, [upon] shall, in consultation with the department, [shall] review the procurement specifications [and practices] it [currently] uses or shall propose in the future in order to determine whether such [require that] specifications discriminate against or would discriminate against: (1) recycled products or packaging made from post-consumer materials; (2) products or packaging [be] manufactured from [virgin materials] materials that are recyclable; (3) [exclude] products [manufactured from secondary materials and shall make such changes, on or before January first, nineteen hundred ninety-one, as may be necessary to ensure that:

1. where such specifications and practices exclude the use of products manufactured from secondary materials or require that products be manufactured from virgin materials only, such exclusions or requirements be eliminated; provided, however, that specifications need not be revised if the department of general services determines that for a particular end use a product containing secondary materials would not meet necessary performance standards;

2. performance standards, specifications and a products intended end use are related, and clearly identified when feasible;

3. specifications are not overly stringent for a particular end use or performance standard; and

4. specifications incorporate or require the use of secondary materials to the maximum extent practicable without jeopardizing the performance or intended end use of the product; provided, however, where the department of general services determines that for a particular end use a product containing secondary materials would not meet necessary performance standards, such specifications need not incorporate or require the use of secondary materials.

When used in this subdivision `practicable' means capable of being used without violating the following criteria: performance, availability at a reasonable price, availability within a reasonable period of time and maintenance of a satisfactory level of competition] or packaging that facilitate waste prevention; or (4) products, packaging or equipment that have been remanufactured. Such review shall be completed within ninety days after the end of each fiscal year.

b. [In purchasing paper products made with and without significant recycled content, recovered from materials otherwise destined for disposal, the department of general services shall, wherever the price is reasonably competitive and the quality adequate for the purpose intended, purchase the recycled product.

For the purpose of this section, "recycled paper" shall mean any paper products that have been manufactured from materials otherwise destined for the waste stream including, but not limited to, old newspapers, magazines, paperboard boxes, tabulating cards, mixed waste, used fibrous material such as rags and overstock or obsolete inventories from distributors, wholesalers, printers and other companies as defined in rules and regulations promulgated by the state commissioner of general services pursuant to section 104-a of the general municipal law, provided that such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process, and "reasonably competitive" shall mean a comparable recycled product with a cost premium of no greater than ten percent] By June 30, 1996, the department of general services shall make such changes in its procurement specifications as are necessary to ensure that:

(1) such specifications do not discriminate against products, materials and equipment set forth in paragraphs (1) through (4) of subdivision (a) of this section;

(2) performance standards, specifications and a product's intended use are related and clearly identified, when feasible;

(3) specifications for recycled products require the use of post-consumer materials to the maximum extent practicable;

(4) waste prevention measures are incorporated into specifications and practices for the procurement of products, packaging, and equipment; and

(5) products and packaging made from recyclable materials are used and that excess packaging is eliminated to the maximum extent feasible.

c. [After January 1, 1991, with contracts for the purchase of products, other than paper products, for use by city agencies and departments, which are subject to public letting under sealed bids pursuant to section three hundred forty-three of the charter, when the lowest responsible bidder is not supplying products that are manufactured from a minimum amount of secondary material, and another bidder who will supply such products has submitted a bid within five percent of the lowest responsible bid for a contract to supply products that are adequate for the purposes intended, the department of general services shall refer such bids to the board of estimate which, pursuant to such rules as it may adopt, and in accordance with subdivision b of section three hundred forty-three of the charter, may determine that it is in the public interest that the contract shall be awarded to other than the lowest responsible bidder. For the purpose of this subdivision, by January 1, 1991, the department of general services shall promulgate regulations establishing standards for the "minimum amount of secondary material" from which a product shall be manufactured. If, however, a bid is submitted for a product that is manufactured from secondary material but the department of general services has not established a standard for the minimum amount of secondary material in such product by January 1, 1991, the bid shall be submitted to the board of estimate in accordance with the requirements of this subdivision regardless of the amount of secondary material from which such product is manufactured. Notwithstanding the above, the department of general services may amend an existing standard or promulgate a new standard for the minimum amount of secondary material from which a product shall be manufactured] By June 30, 1996, the department of general services shall prepare and publish in the City Record a list of all revisions to specifications made in accordance with subdivision (b) of this section and circulate such list to all other city mayoral and non-mayoral agencies and the council. The list shall be a guideline for the implementation of revised specifications by all city mayoral and non-mayoral agencies and the council. The list shall also be submitted to the Mayor, each citizens' board created under section 16-317 of this chapter and the citywide board created under section 16-319 of this chapter.

d. [When purchasing paper products and other products pursuant to this section, the department of general services shall utilize the United States environmental protection agency minimum content standards for recycled materials content promulgated pursuant to 42 U.S.C. 6901 et seq.

e. Should the state authorize the city's use of a price preference for the purchase of any product manufactured from secondary materials, the commissioner shall propose appropriate legislation to mandate the use of this price preference.

f.] Statement of Recycled Content. Whenever [the department of general services] a city mayoral or non-mayoral agency or the council purchases or causes the purchase of printing on recycled paper, the printed material shall include a printed statement [or symbol] indicating [that] the [document is printed on] percentages of pre-consumer and post-consumer recycled material contained in such paper.

[g. The department of general services shall prepare and submit to the mayor, the council, the board of estimate, each citizens' board created under section 16-317 of this chapter and the citywide board created under section 16-319 of this chapter, an annual report on its activities to increase the city's purchase of products manufactured from secondary materials.]

[h.] e. Rulemaking The department of general services, in consultation with the department, shall promulgate [regulations] such rules as are necessary to effectuate the purposes of this section.

6. Subchapter 5 of chapter 3 of title 16 of the administrative code of the city of New York is amended by adding new sections, 16-322.2, 16-322.3, 16-322.4, 16-322.5, 16-322.6, 16-322.7, 16-322.8, 16-322.9, and 16-322.10 to read as follows:

16-322.2 Minimum content standards for recycled products. a. Within twelve months of the effective date of this section, the department of general services, in consultation with the department, shall by rule establish standards for minimum post-consumer material content for recycled products to be procured by city mayoral and non-mayoral agencies .

b. The minimum content standards for recycled products shall conform to whichever of the following standards for products, materials and equipment require the highest amount of post-consumer recycled content: (i) the United States environmental protection agency minimum content standards for recycled materials content promulgated pursuant to 42 U.S.C. 6901, et seq.; (ii) the minimum content standards promulgated pursuant to subdivision two of section 27-0717 of the environmental conservation law; or (iii) minimum content standards developed by the department of general services. No later than six months after the revision of any minimum content standard by the United States environmental protection agency or the New York state department of environmental conservation, the department of general services shall adjust its minimum content standards to ensure maintenance of the highest post-consumer content standards.

This section applies to the procurement of products, materials and equipment made from the following materials: plastic, rubber, glass, tires, solvents, paints, nonfuel oil, paper and paperboard.

1. By the end of fiscal year 1996, at least twenty percent of the total annual dollar amount of products, materials and equipment made from materials listed in this subdivision that are procured by the department of general services shall be recycled products.

2. By the end of fiscal year 1998, at least thirty percent of the total annual dollar amount of procurement of products, materials and equipment made from materials listed in this subdivision that are procured by the department of general services shall be recycled products.

3. By end of fiscal year 2000, and for each fiscal year thereafter, at least forty percent of the total annual dollar amount of procurement of products, materials and equipment made from materials listed in this subdivision that are procured by the department of general services shall be recycled products.

b. When purchasing recycled products in order to meet or exceed the procurement requirements set forth in subdivision a of this section, the department of general services shall evaluate whether awarding a contract to other than the lowest responsible bidder is practicable.

16-322.4 City purchase of printing and writing paper with recycled content.

a. Notwithstanding the provisions of sections 16-322.2 and 16-322.3 of this subchapter, beginning July 1, 1995, all purchases of printing and writing paper by city mayoral and non-mayoral agencies and the council shall, where practicable, meet or exceed a minimum content standard of twenty percent post-consumer material by fiber content for high speed copier paper, offset paper, forms bond, computer printout paper, carbonless paper, file folders, and white wove envelopes, and for other uncoated printing and writing paper, such as writing and office paper, book paper, cotton fiber paper, and cover stock. This minimum content standard shall increase to thirty percent post-consumer material by fiber content beginning in fiscal year 1999.

b. In addition to the requirements set forth in subdivision a of this section, beginning fiscal year 1997, when the purchase price of chlorine-free recycled printing and writing paper is equal to or less than the price offered by the lowest responsible bidder for paper that meets the standards set forth in this section, all purchases of printing and writing paper shall consist of chlorine-free recycled paper, where practicable.

c. The decision by a city mayoral or non-mayoral agency or the council not to satisfy the requirements of subdivision a or b of this section shall be based solely upon a written determination by the agency chief procurement officer or equivalent that it is not practicable to do so. Any such written determination made by a city mayoral or non-mayoral agency shall be submitted to the department of general services.

d. All contractors providing recycled and chlorine-free recycled paper and paper products pursuant to this section shall maintain records documenting the source of the post-consumer material used in the manufacture of such products, shall submit a signed statement of certification attesting to the source of the post-consumer material and the use of non-chlorine bleaching technologies and, upon request, shall provide documentation to the city mayoral or non-mayoral agency or the council. Such records shall be maintained for a period of three years from the date of contract execution.

16-322.5 Requirements for contractors with city mayoral and non-agencies and the council. Every request for proposal or invitation to bid issued by a city mayoral or non-mayoral agency or by the council shall contain a requirement that the successful bidder or proposer agree to the following conditions:

a. Recycled paper. All reports and studies shall use recycled paper as defined under section 16-322.4 of this subchapter. All such reports and studies shall, wherever feasible, use both sides of the paper sheets.

b. Waste reducing products. The products, materials and equipment used in fulfillment of contracts with a city mayoral or non-mayoral agency or the council shall be remanufactured, durable, reusable, and/or made from recyclable products and packaging made from recyclable materials, where practicable. The use of packaging in the performance of a contract shall be eliminated to the extent feasible. All contractors who supply or utilize remanufactured, reusable and recyclable products and packaging in fulfillment of contracts shall report to the city mayoral or non-mayoral agency or the council, as applicable, the type, quantity, and total dollar amounts expended on such items.

c. Certification. The contractor shall certify in writing to the city mayoral or non-mayoral agency contracting officer or to the contracting officer for the council, respectively, or their designees, that the recycled products being supplied or utilized contain the minimum percentage of post-consumer content required pursuant to section 16-322.2 of this subchapter.

All such contractors shall maintain records documenting the source of post-consumer material used in the manufacture of such recycled products for a period of three years from the date of contract execution. Upon request, all such contractors shall provide a copy of such certification to the department of general services.

16-322.6 City waste prevention procurement plans.

a. Within eighteen months of the effective date of this section, the department of general services shall, in consultation with the department, prepare and submit to the mayor, the council, each citizens' board created under section 16-317 of this chapter and the citywide board created under section 16-319 of this chapter, a ten-year plan for city agencies to incorporate waste prevention measures into procurement practices ("waste prevention procurement plan"). The waste prevention procurement plan shall be reviewed and updated biennially. Such plan and each updated plan shall include, but need not be limited to:

1. development of a method and schedule for increasing the purchase of products, materials, and equipment which promote waste prevention;

2. development of a waste audit procedure to determine the actual useful life, repair records and reuse histories of those products, materials or equipment most frequently or repeatedly purchased or most costly in the aggregate;

3. development of a product list to be consulted for purchasing products, materials or equipment that are durable, remanufactured, reusable, and/or recyclable;

4. development and expansion of repair and maintenance programs for products, materials and equipment;

5. reduction in the use of packaging through the purchase of products in a bulk or concentrated form and the creation of packaging requirements to reduce volume or weight;

6. the establishment of agency paper reduction guidelines;

7. increased use of city surplus and warehoused items;

8. increased use of products with extended warranties and remanufactured products; and

9. decrease in the purchase of products that are not reusable, durable or recyclable.

b. Within no later than twenty-four months of the effective date of this section, the department of general services shall promulgate rules which require that all city mayoral and non-mayoral agencies implement the methods, procedures and systems developed in the waste prevention procurement plan.

16-322.7 City purchase of products, materials and equipment designed to prevent waste. a. Within ninety days of the end of each fiscal year, beginning fiscal year 1998, the department of general services shall prepare separate lists of products, materials and equipment procured in the previous fiscal year that: 1) were durable, reusable or remanufactured; 2) met the minimum post-consumer content standards set forth in section 16-322.2 of this subchapter; 3) were formulated to reduce or eliminate packaging; or 4) were formulated to substantially reduce or eliminate toxic materials. Such lists shall circulated to all city mayoral and non-mayoral agencies and the council and to all contractors with which any such city mayoral or non-mayoral agency or the council has a contract.

b. Any person who believes that particular products, materials or equipment should be included the lists set forth in subdivision a of this section, may petition the department of general services to include such products, materials or equipment. Such person shall submit to the department of general services documentation establishing, at a minimum, that the proposed addition(s): (i) meet any one of the criteria set forth in subdivision a of this section; and (ii) can meet performance standards set forth in the applicable specifications. Upon receipt of such documentation, the department of general services shall have ninety days to review the petition. If after such review, the department of general services determines that the documentation demonstrates that the products, materials or equipment meets any one of the criteria set forth in subdivision a of this section and also meets the performance standards set forth in the applicable specifications, the department of general services shall include such addition on the appropriate list.

a. Within sixty days after the end of each fiscal year, beginning with the fiscal year commencing July 1, 1995, the department of general services, in conjunction with the department, shall prepare and submit to the mayor, the council, each citizens' board created under section 16-317 of this chapter and the citywide board created under section 16-319 of this chapter, a report in connection with the city's procurement of recycled products and the implementation of procurement measures to prevent waste. Such report shall include, but need not be limited to:

1. a summary of activities undertaken by city mayoral and non-mayoral city agencies to increase the procurement of recycled products and products and packaging that facilitate waste prevention, including a list of products reviewed pursuant to section 16-322.1 of this subchapter;

2. the results of annual waste audits as required by section 16-322.6;

4. the dollar amount spent and percentage of any price preference used for any recycled product procured;

5. the dollar amount of savings if the recycled product offered in response to a bid or proposal is less expensive than a product made from virgin materials offered in response to the same bid or proposal;

6. a summary of any revisions of the minimum content standards;

7. an explanation of any changes in procurement practices of city agencies to encourage the purchase of products, materials and equipment that are reusable, remanufactured, durable, and recyclable;

9. any lists developed pursuant to section 16-322.7 of this subchapter;

10. waste prevention initiatives to be undertaken and schedules of implementation;

11. the costs avoided, including but not limited to the areas of storage, replacement and procurement, by the implementation of waste prevention procurement measures; and

12. the net costs associated with the implementation of waste prevention procurement measures.

16-322.9 Agency responsibility for compliance.

a. Within ninety days from the effective date of this section, the head of each city mayoral and non-mayoral agency shall designate an agency environmental executive from his or her senior staff who will be responsible for:

1. Coordinating all environmental programs in the areas of procurement and acquisition, standards and specification review, facilities management, waste prevention, and recycling;

2. Participating in the development and implementation of the waste prevention and recycled product procurement plans for the agency;

3. Coordinating timely submission of agency reports to the department of general services on the annual progress of these plans;

5. Reviewing agency programs to ensure compliance with this subchapter.

7. This local law shall take effect immediately, except that section 16-322.3 shall apply only to invitations for bids and requests for proposals advertised or circulated on or after the effective date of this law.